Where the contents of a registered utility model are identical or similar to the same, the right scope confirmation claim against the owner of the registered utility model right after the owner of the registered utility model right (negative)

The confirmation of the scope of the right of a utility model right shall be based on the registered utility model so that any unregistered utility model falls actively or passively within the scope of the right of the registered utility model, so if the contents of the registered utility model are identical or similar to those of the registered utility model, the owner of the registered utility model right may request a trial to confirm the scope of the right of the registered utility model right against the owner of the

Articles 7(1), 19(1)1, and 25(1) of the Utility Model Act

Supreme Court Decision 73Hu47 Delivered on November 23, 1976

Samsung Industries Co., Ltd.

Geumsung Co., Ltd.

Korean Intellectual Property Trial Office No. 130 decided November 19, 1983

The appeal is dismissed.

The costs of appeal shall be borne by a claimant.

The grounds of appeal are examined.

The confirmation of the scope of the right of a utility model right is to confirm that any unregistered utility model mainly falls under the scope of the right of the registered utility model or does not fall under the scope of the registered utility model passively, so if the contents of the registered utility model are identical or similar to those of the registered utility model, the owner of the registered utility model right can file a petition for a trial to invalidate the utility model registration against the owner of the registered utility model right after the former is allowed to file a petition for a trial to invalidate the utility model registration (see Supreme Court Decision 73Hu47, Nov.

According to the reasoning of the original decision, the court below found that the claimant's registration (registration No. 3 omitted) and (registration No. 1 omitted) of November 20, 1988 and the plaintiff's registration (registration No. 2 omitted) are subject to the scope of the right of a utility model, and that the plaintiff's registered utility model (registration No. 1 omitted) and (registration No. 2 omitted) the plaintiff's registered utility model falls under the scope of the right of a utility model "(a)" and the statement "the fixed exhibition compensation circuit of the vending machine stated in the (registration No. 3 omitted)" of the claimant's registered (registration No. 3 omitted) of Apr. 23, 1979, which is the device of the utility model, and confirmed that the plaintiff's registered utility model is identical to the "the fixed exhibition compensation circuit of vending machine" of the claimant's registered (registration No. 3 omitted) and (registration No. 2 omitted, and therefore, it cannot be exempted from the judgment of the court below in light of the facts-finding or the records.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Tae-tae (Presiding Justice)